[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63944-63945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26593]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2011-N202; 30120-1112-0000-F6]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Proposed Low-Effect Habitat Conservation Plan and
Associated Documents; Duke Energy Corp., Gibson County, IN
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, invite the public to
comment on the following application to conduct certain activities with
endangered species. With some exceptions, the Endangered Species Act
(Act) prohibits activities with endangered and threatened species
unless a Federal permit allows such activity. The Act requires that we
invite public comment before issuing these permits.
DATES: We must receive any written comments on or before November 14,
2011.
ADDRESSES: Send written comments by U.S. Mail to the Regional Director,
Attn: Lisa Mandell, U.S. Fish and Wildlife Service, Ecological
Services, 5600 American Blvd., West, Suite 990, Bloomington, MN 55437-
1458; or by electronic mail to permitsR3ES@fws.gov.
FOR FURTHER INFORMATION CONTACT: Lisa Mandell, (612) 713-5343.
SUPPLEMENTARY INFORMATION: We invite public comment on the following
permit application for certain activities with endangered species
authorized by section 10(a)(2)(A) of the Act (16 U.S.C. 1531 et seq.)
and our regulations governing the taking of endangered species in the
Code of Federal Regulations (CFR) at 50 CFR 17. Submit your written
data, comments, or request for a copy of the complete application and
Habitat Conservation Plan (HCP) to the address shown in ADDRESSES.
Background
In 1986, a single pair of endangered Interior least terns (Sterna
antillarum) nested at Cinergy Corporation's (Cinergy) Gibson Generating
Station in Gibson County, Indiana. Since that time, the least tern
colony at the facility has grown. During the 1990s, Cinergy worked
cooperatively with the Indiana Department of Natural Resources (IDNR)
and the Service to maintain favorable conditions for successful tern
production at the Gibson Generating Station. Between 1986 and 1999, the
most terns recorded in a single year (1998) included an estimated 85
adult terns, 63 nests, and 72 fledged young.
In the late 1990s, Cinergy worked cooperatively with the IDNR and
the Service to develop a Habitat Conservation Plan (HCP) regarding
continued operation of the facility, and, in late 1999, the Service
issued an Incidental Take Permit (ITP) to Cinergy. In 2005, the ITP was
renewed. Management of the facility under the HCP has promoted the
continued growth of the tern colony. In 2010, an estimated 150 adults,
110 nests, and 165 fledged young were recorded. In addition to the
growth in numbers, the tern colony has expanded to areas beyond the
original location along a splitter dike adjacent to a cooling pond.
Nesting has now been documented on the splitter dike, adjacent to ash
ponds, a coal combustion waste landfill, construction areas and station
access roads. The expansion of the tern nesting area presents
management challenges for the generating station and associated
facilities.
Current Proposal
Duke Power Company purchased and merged with Cinergy Corp. to form
Duke Energy Corporation (Duke) in 2006. Duke has continued to operate
the facility in accordance with the HCP and the ITP. Duke has applied
to the Service for renewal of its ITP number TE016724. An updated HCP
accompanies this renewal application. The HCP describes management
activities in and around the Gibson Generating Station, including water
management, predator control, and minimization of human disturbance due
to recreational use.
Proactive management over the past 25 years has resulted in an
increase in the Interior least tern population nesting at Gibson
Generating Station and surrounding areas. However, no incidental take
of least terns has occurred during that time. Actions that may result
in take include human disturbance during management and operations,
including foot traffic,
[[Page 63945]]
vehicle or construction equipment, ash placement, waste disposal, and
harassment due to the presence of people and equipment.
Duke proposes to continue to manage its property to protect least
terns. In addition, Duke has committed to monitor the result of its
activities and the effect on the population of least terns at Gibson
Generating Station and the surrounding state and Federal lands.
Environmental Review
In compliance with National Environmental Protection Act (NEPA) (42
U.S.C. 4321 et seq.), the Service has made an initial determination
that the HCP meets the criteria for a Low Effect HCP and categorical
exclusion under NEPA. As such, activities in this HCP and Permit are
categorically excluded from the requirement to prepare an environmental
assessment or environmental impact statement (516 DM 6 Appendix 1,
1.4C(1)). The NEPA determination is available for review by all
interested parties.
Public Comments
We seek public review and comments on this permit application.
Please refer to permit number TE016724 when you submit comments. The
Habitat Conservation Plan, Incidental Take Permit renewal application,
and NEPA determination are available for public inspection on the
Midwest Region website at: http://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html. In addition, the documents are available for
public inspection by appointment during normal business hours (8 a.m.-
4:30 p.m.) at the U.S. Fish and Wildlife Service, Midwest Regional
Office, 5600 American Blvd., West, 10th Floor, Bloomington, MN 55437-
1458, (612/713-5350) and at the U.S. Fish and Wildlife Service,
Ecological Services Field Office, 620 South Walker Street, Bloomington,
IN 47403 (812/334-4261).
Comments and materials we receive are available for public
inspection, by appointment, during normal business hours at the address
shown in the ADDRESSES section. Before including your address, phone
number, e-mail address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Dated: September 28, 2011.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Region 3.
[FR Doc. 2011-26593 Filed 10-13-11; 8:45 am]
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